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HomeMy WebLinkAboutHabitat Restoration Sciences; 2017-02-27; PWL17-83TRANCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT BMP INSTALLATION ON LA GRAN VIA: CONTRACT 6607 ($5000 or less) PWL17 -83TRAN This letter will serve as an agreement between Habitat Restoration Sciences, a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete BMP installation on La Gran Via, per the Contractor's proposal dated February 3, 2017, and City specifications, for a sum not to exceed two thousand dollars ($2,000). This work is to be completed within twenty (20) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1 ,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII",; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A: X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (BUSC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Codes~ 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ~ init ~ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. J'l/',("fit init \6..0 init ' 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. BMP INSTALLATION ON LA GRAN VIA CONT. NO 6607 -1-City Attorney Approved 2/29/2016 PWL17-83TRAN 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Sherri Howard 760-602-2756 Contractor Contact: Mark Girard 760-479-4210 CONTRACTOR HABITAT RESTORATION SCIENCES, INC., a California corporation 1217 Distribution Way Vista, CA 92081 P: 760-4 79-421 0 F: 760-479-4190 mgirard@hrs.dudek.com By: ~?4~ (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey I ~ c Works Director as authorized by the City Manager Dated: :j-~ QJ I DD\1 (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Deputy City Attorney BMP INSTALLATION ON LA GRAN VIA CONT. NO 6607 -2-City Attorney Approved 2/29/2016 February 3, 2017 Sherri Howard, Associate Engineer City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Subject: Proposal for BMP Installation at La Gran Via Dear Ms. Howard, Exhibit "A" 2017-13 Habitat Restoration Sciences, Inc. (HRS) is pleased to present this proposal to the City of Carlsbad to provide a cost estimate for BMP Installation at La Gran Via. The scope of work and cost estimate are provided below. SCOPE OF WORK HRS will remove all existing fiber rolls on-site and dispose of them off-site. 150 LF of replacement biodegradable fiber rolls will be installed on the slope at the appropriate intervals. HRS will then apply BFM at a rate of2,500 lbs/acre to the slope. This scope of work covers labor and materials, and is based upon our understanding of the projects specifications and scope of work. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. COST ESTIMATE Task l: BMP Installation .......................................................................................................... $2,000.00 Total ........................................................................................................................................... $2,000.00 All fees will be billed as a one-time fixed fee and invoiced monthly. The total for this phase of the work is $2,000.00 and would not be exceeded without client approval. Ass u M P T 1 oN s: HRS assumes State DIR prevailing maintenance wages. HRS assumes no seed will be applied in the BFM application. HRS assumes no work will be performed (seeding, BMP installation, or other) on the access trail leading to the project site . ..\ ~ :-2 .. "" 4;;: Ms. Sherri Howard Proposal for BMP Installation at La Gran Via Ex c L us 1 oN s: This proposal does not include permit fees, water costs, water meter fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. This proposal does not include any long-term maintenance at the project site. Thank you for the opportunity to bid on this work for the City of Carlsbad. If you have any questions regarding this scope of work, you can contact me at (760) 519-7230 or mgirard@hrs.dudek.com. Sincerely, HABITAT RESTORATION SCIENCES, INC. re~Co=founder R 2 2017-13 February 2017